Nebraska Jury Instruction - Controlled Substances - Possession With Intent To Distribute
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FAQ
(1) The statute defines "distribute" as meaning "to deliver," 21 U.S.C. § 802(11), which in turn is defined as meaning "the actual constructive or attempted transfer of a controlled substance, whether or not there exists an agency relationship." § 802(8) (emphasis added).
The statutory period of limitation for possession of immovable property or any interest therein, as stipulated in Section 65 of the Limitation Act, 1963, is 12 years in the case of private property.
Any individual facing possession with intent to distribute a controlled substance classified as Schedule I, II, or III substance under Nebraska Revised Statute 28-405 (which is an exceptionally hazardous drug) will be charged with a Class II felony.
Nebraska Adverse Possession Law: General Overview Nebraska's adverse possession law requires the trespassing party (or squatter) to remain on the property for a period of 10 years, which may not be interrupted or extended by periods of non-residence.
§ 28-416, possession of a controlled substance is generally a Class IV felony. For a Class IV felony, Omaha drug penalties may include a sentence of up to two years in prison, nine to 12 months of post-release supervision, and/or a $10,000 fine.
Ing to Nebraska's Legislature's Revised Statutes (§ 25-202, 213), squatters must prove 10 years of continuous possession of the property before filing for adverse possession. This period is extended by 10 more years if the owner is legally disabled.
Usually Possession of a Controlled Substance is a Class IV Felony in Nebraska. Depending on which ?schedule? the drug you possess falls into, it can have an impact on what you are charged with. For instance, possession of any controlled substance in Schedules I, II, or III, can be charged with a class II or IIA felony.
Possession. Possession of 1 ounce or less is an infraction, which is punishable by a maximum fine of $300. The judge may order the offender to complete a drug education course. A second conviction for possession of 1 ounce or less is a Class IV misdemeanor punishable by a maximum fine of $500.